Report on the State of Human Rights in Institutions for Persons with Disabilities Public Defender of Georgia addresses the Head of the State Care Agency with recommendations to: Prevent the use of physical restraint of beneficiaries which is carried out in violation of international and local norms; Ensure the adjustment of regulations and enhancement of qualifications of staff, so that they use physical restraint in emergencies in compliance with the respective standard. EQUALITY BEFORE THE LAW In accordance with the Article 42 of the Constitution of Georgia, “Everyone has the right to apply to a court for the protection of his/her rights and freedoms.” Pursuant to the Article 13 of the European Convention on Human Rights and Fundamental Freedoms, everyone “shall have an effective remedy,” while according to the Article 14 of the same Convention, “The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination.” According to the Article 12 of the UN Convention on the Rights of Persons with Disabilities, “States Parties shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life. States parties shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity.” During the monitoring, as a result of interviews with beneficiaries and staff of the institutions, Public Defender’s preventive group revealed serious facts of restriction of legal protection and support of beneficiaries. As a result of interviews with the heads of the institutions, it turned out that, in most cases, the State Care Agency and the Social Service Agency failed to provide beneficiaries with legal service, since, according to the agencies, they are not obliged to provide this service. When discussing the aforementioned topic, it is important to clarify the issue of guardianship/custodial care of beneficiaries. Guardianship/custodial care of beneficiaries admitted to branches of the State Care Agency constitutes the obligation of the Social Service Agency; Accordingly, they, as legal representatives, are obliged to ensure the legal protection of children. As for the legal protection of persons and elderly persons with disabilities, both the Social Service Agency and the State Care Agency disclaim their obligations towards them, except for the cases when a beneficiary has been recognized as legally incapable by a court. As a result of examination of the legal documents of internal regulation of the agencies, it was has been established that they do not contain an obligation to provide legal assistance for beneficiaries, due to which the State Care Agency does not provide beneficiaries with legal service. However, it should be noted that, in accordance with Article 27 of the Law of Georgia “on Social Protection of Persons with Disabilities”, “The conditions created in boarding houses or other inpatient facilities of social assistance for persons with disabilities shall ensure the exercise of their rights and lawful interests.” The Case of L.B. In June 2012, in the framework of the monitoring of institutions for persons with disabilities, during the visits to Dusheti and Martkopi, the group learned that beneficiary L.B. required legal assistance. Specifically, s/he had a problem with enforcement of a court decision related to a loan agreement. S/he could not afford hiring a lawyer, while the administration did not provide him/her with legal protection. NPM Report 2012 The only source of income for beneficiaries living in state residential institutions is the state pension which they receive as disabled persons. Accordingly, they cannot afford hiring a lawyer to protect their rights.